The hearing for the judicial review into the Commission of Inquiry Report regarding the appointment of Barbara Malimali as FICAC Commissioner will go ahead next weekend from the 10th to the 12th of April, after the Suva High Court dismissed Justice Ashton Lewis' appeal for it to be vacated to a later date.
It was called yesterday afternoon before Justice Dane Tuiqereqere.
Justice Tuiqereqere said on 25th March, Justice Ashton Lewis filed a motion with a supporting affidavit seeking to vacate the hearing scheduled from the 10th to the 12th of April to a later date.
He says this was accompanied by a surgeon's report on the condition of the applicant.
Justice Tuiqereqere says the report stated that Justice Ashton Lewis is not able to come to Fiji to give evidence until August.
He says he has had to assess Justice Ashton Lewis' ability after having to look at other information that is available, which was supplied by Wylie Clarke through an affidavit which indicates that on 12th March, the Justice undertook a 25-minute radio interview.
Justice Tuiqereqere says that, having listened to that tape, it was clear to him that Justice Ashton Lewis is cognitively capable.
He says the further reason that he is not adjourning the hearing is that the only other reason that Justice Ashton Lewis could provide further assistance to the court on is in relation to the allegations of bias.
Justice Tuiqereqere says he has already given Justice Ashton Lewis enough time to file an affidavit regarding the allegations of bias but he has not availed himself of the task; therefore, the hearing is going ahead as planned next week.
The application has been filed by former FICAC Commissioner Malimali, former Attorney-General Graham Leung, and lawyers Wylie Clarke and Laurel Vaurasi.
Malimali is represented by Tanya Waqanika, while Richard Naidu represents Clarke and Vaurasi. Seforan Fatiaki represents Leung.
The Office of the Solicitor-General is representing the President, the Prime Minister, the Attorney-General, and the Commission of Inquiry, while Simione Valenitabua is also representing the Prime Minister in the matter concerning Malimali’s dismissal.
The applicants argue that their clients suffered reputational damage, while Leung also lost his job.
The Office of the Solicitor-General and Valenitabua had earlier submitted that the applications should be struck out, arguing that the proceedings cannot be brought against the Commission of Inquiry under Section 11 of the COI Act.
The JSC had filed a case in the High Court to quash the findings of the COI into the appointment of Barbara Malimali as the FICAC Commissioner.
